Nomita Sukla Baidya @ Namita Sukla ... vs Pijush Kanti Baidya
2023 Latest Caselaw 5069 Gua

Gauhati High Court

Nomita Sukla Baidya @ Namita Sukla ... vs Pijush Kanti Baidya on 15 December, 2023

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

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GAHC010186432023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Mat.App./46/2023

            NOMITA SUKLA BAIDYA @ NAMITA SUKLA BAIDYA
            D/O LT. ANIL SUKLA BAIDYA PERMANENT R/O VILL. DHAMALIYA P.O
            UTTAR KRISHNAPUR P.S. SILCHAR DIST. CACHAR ASSAM PIN 788006



            VERSUS

            PIJUSH KANTI BAIDYA
            S/O DWARIKA SUKLABOIDYA R/O VILL. DHAMALIA NEAR 490 NO.
            DHAMALIA L P SCHOOL P.S. SILCHAR DIST. CACHAR ASSAM PIN 788006



Advocate for the Petitioner   : MR. D CHAKRABARTY

Advocate for the Respondent : MR A B DEY




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

15.12.2023 (M. Zothankhuma, J)

Heard Mr. D. Chakrabarty, learned counsel for the appellant. Also heard Mr. A.B. Dey, learned counsel for the respondent.

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This appeal under Section 28 of the Hindu Marriage Act, 1955 is directed against the Judgment and Decree dated 18.07.2023 passed by the learned Principal Judge, Family Court, Cachar, Silchar in F.C. (Civil) Case No. 286/2014, by which the marriage between the appellant wife and the respondent husband has been dissolved on grounds of cruelty.

This Court on the last date, i.e., 11.12.2023 had directed the counsels for the parties to obtain instructions from their respective clients, as to whether a compromise could be made regarding the alimony payable to the appellant wife by the respondent husband.

Mr. D. Chakrabarty, learned counsel for the appellant, submits that as per instructions received by him, the appellant wife would not make any claim if a permanent alimony of Rs.30 lakhs was provided to the appellant wife.

On the other hand, Mr. A.B. Dey, learned counsel for the respondent husband submits that the respondent being a Grade-IV employee, he is willing to pay Rs.5 lakhs only.

On considering the submissions made by the learned counsel for the parties, we are of the view that the present case should be sent for mediation before the Mediation Centre of the Gauhati High Court to attempt a settlement of the issue.

Accordingly, Registry to send the case before the Mediation Centre of the Gauhati High Court to attempt a settlement of the issue between the parties, wherein, they should be asked if the mediation should be done in Silchar, as the parties are residents of Silchar.

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Let the parties appear before the Mediation Centre of the Gauhati High Court on 24.01.2024.

Interim order, passed earlier, to continue.

             JUDGE                                 JUDGE



Comparing Assistant